Ireland seeks sign-off on Lisbon treaty guarantees

Ireland is hoping for agreement on three protocols to the Lisbon treaty and a declaration on workers’ rights ahead of a summit of EU leaders in Brussels next month. The Irish government is hoping that the EU leaders will sign off with little debate on its legal guarantees, which are designed to meet the concerns of the electorate ahead of a second vote on the treaty in the autumn.

The protocols on security and defence, ethical issues and tax will be Irish-specific and are not expected to include any opt-outs from EU policies. But a declaration on workers’ rights has raised a number of questions from other capitals, which are suspicious about state obligations to employees in the middle of a financial crisis. As a result, the declaration is expected to state what guarantees already exist on workers’ rights in the EU, according to Irish official sources.

Diplomats in Dublin are currently in negotiations with the Council of Ministers’ legal services over the protocols.

The protocol on tax will be a short statement that the Lisbon treaty gives no extra competences to the EU on tax matters. The reference to ethical issues will state that nothing in the treaty’s Charter of Fundamental Rights or in the chapter on justice and home affairs policy will affect the Irish constitution as regards the family. References to security and defence are unlikely to include an opt-out of the European Defence Agency (EDA), but Ireland is expected to give its parliament more powers of scrutiny over EU defence policy.

Security and defence

The issue of security and defence has been politically sensitive for the Irish governing coalition, with the Green Party, its junior partner, in favour of opting out of the EDA. But Fianna Fáil, the bigger coalition partner, appears to have won the argument that to opt out of the agency might be detrimental to the skills and equipment needs of Irish peacekeeping troops. They have also learned from the Danish example of the restrictions that come with opt-out of EU policy areas.

The protocols will not become legally binding until ratified by each member state – along with the next accession treaty, most likely Croatia’s.

Spanish demands

In a separate move, Spain has also asked for a protocol that would guarantee its right to have an increase in its number of MEPs, as provided for by the Lisbon treaty, as soon as the treaty comes into effect. But EU leaders are not expected to discuss this at the June summit since it might appear to prejudge the results of the Irish referendum.

Spain might seek an intergovernmental conference to get the protocol agreed, but this could prompt other member states to seek changes to the treaty. In addition, each member state would have to ratify such a protocol and putting it through all 27 member states’ parliaments could pose problems since some countries, such as the UK, do not want to reopen the issue for domestic reasons. The opposition Conservative Party has threatened to organise a referendum on the Lisbon treaty if it wins the next elections, expected next year, if the ratification of the treaty is not completed across the EU – although the treaty has already been approved by the UK parliament.

Instead, Spain might have to wait until the next accession treaty is ratified by all member states to pave the way for Croatia’s accession to the EU, expected in 2011.

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Ireland has already signed up to the EU binding Directive C 321/6 dated 31.12.2003. This is an AGREEMENT and here is what the first Paragraph states.
AGREEMENT between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA) (2003/C 321/02)
The signature in underneath this. Thar ceann Rialtas na hÉireann
For the Government of Ireland. Itlooks like ‘Brian’ and I can’t read the Surname. The 17 (2) mentioned was in Maastricht, and here it is for your convenience.”2. The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements”. Get the EU Directive and read every detail. The UK has signed-and it has not been in our papers-and so has Ireland.